Elliott v. Fowler

Opinion of the Court.

THE plaintiff in error declared in assumpsit against the defendant, and substantially set out in his declaration, the following writing, to wit:

“ For value received, I promise to convey to Benjamin Elliott, or order, lands at a fair valuation, to the amount of nine hundred dollars, whenever required, or within a reasonable time thereafter, with a deed of general warranty. In witness whereof, I have here, unto affixed my hand and seal, this 11th March 1809.

(Signed) JOHN FOWLER.”

Two counts in the plaintiff’s declaration set out a consideration of this instrument. The first…